Firestone Art LLC v. Philadelphia Indemnity Insurance Company

Background

Firestone Art LLC, doing business as Eric Firestone, sued Philadelphia Indemnity Insurance Company, doing business as Tokio Marine Highland, Fine Art Division, and other defendants. The dispute concerns artworks covered under Firestone Art's insurance policy, including specified “Returnable Art” and a Kenny Scharf mural.

Ruling

For reasons given during the hearing, the court denied Firestone Art's motion for a preliminary injunction to the extent the motion sought to restrain the defendants from transporting the insured artworks outside the New York City metropolitan area. The order did not state that the court granted any other preliminary-injunction relief.

Further Directions

The court gave the parties until May 31, 2024, to file any agreement for an injunction by consent—that is, an injunction agreed to by both sides—requiring the defendants to return the Returnable Art and the Kenny Scharf mural. Firestone Art could also file a letter motion asking to seal Docket Number 16 under the court's individual rules. If the defendants opposed sealing, they could file an opposition within three business days after that motion. The parties could file a joint letter if they sought to pause the case. The clerk was directed to close Docket Number 3.

The opinion says that the reasons for denying the transportation-related request were stated on the record, but it does not include those reasons in the written order.